Agreement between user and Fiduciary Education
Welcome to Fiduciary Education. The Fiduciary Education website (the "Site") is comprised of various web pages operated by X Growth Solutions, LLC and/or Fiduciary Education ("Fiduciary Education"). Access is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of This site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Fiduciary Education is a E-commerce, Online Learning and Certification Hub for Retirement Plan Sponsors & Fiduciaries. We sell online courses and other tools to assist in managing retirement plans.
Visiting fiduciaryeducation.com or sending emails to Fiduciary Education constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fiduciary Education is not responsible for third party access to your account that results from theft or misappropriation of your account. Fiduciary Education and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fiduciary Education does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fiduciaryeducation.com only with permission of a parent or guardian.
Links to third party sites/Third party services
Fiduciary Education may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Fiduciary Education and Fiduciary Education is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fiduciary Education is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fiduciary Education of the site or any association with its operators.
Certain services made available via Fiduciary Education are delivered by third party sites and organizations. By using any product, service or functionality originating from the Fiduciary Education domain, you hereby acknowledge and consent that Fiduciary Education may share such information and data with any third party with whom Fiduciary Education has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fiduciary Education or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fiduciary Education content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fiduciary Education and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fiduciary Education or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Fiduciary Education account to third party accounts. By connecting your Fiduciary Education account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Fiduciary Education from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fiduciary Education Content accessed through any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event access to the Site or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as created by you during account registration and confirmed by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to indemnify, defend and hold harmless Fiduciary Education, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fiduciary Education reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fiduciary Education in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Fiduciary education and any third parties mentioned on this site (including any investment advisers/service providers/course instructors) are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost investments, diminution or complete loss of investments) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services.
Fiduciary Education is not in the business of providing legal advice and do not act in any fiduciary capacity as defined in the Employee Retirement Income Security Act of 1974 (“ERISA”) towards You, Your clients, and/or your retirement plan and retirement plan participants. The materials and information do not constitute, and should not be relied upon as, legal advice. The materials are general in nature and intended for informational purposes only.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. X GROWTH SOLUTIONS, LLC AND/OR FIDUCIARY EDUCATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
X GROWTH SOLUTIONS, LLC AND/OR FIDUCIARY EDUCATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. X GROWTH SOLUTIONS, LLC AND/OR FIDUCIARY EDUCATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Fiduciary Education reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fiduciary Education as a result of this agreement or use of the Site. Fiduciary Education's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fiduciary Education's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fiduciary Education with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fiduciary Education with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fiduciary Education with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Fiduciary Education reserves the right, in its sole discretion, to change the Terms under which content and services are offered. The most current version of the Terms will supersede all previous versions. Fiduciary Education encourages you to periodically review the Terms to stay informed of our updates.
Fiduciary Education welcomes your questions or comments regarding the Terms:
X Growth Solutions, LLC and/or Fiduciary Education
501 W Broadway, suite 490
San Diego, California 92101
Effective as of March 05, 2018